Establishes the committee for diversity, inclusion, and equal opportunity, the office of diversity management, and the state workforce diversity and inclusions council to ensure diversity and inclusion at certain state entities and combat harassment and discrimination in the workplace.
STATE OF NEW YORK
________________________________________________________________________
11095
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to establishing the
committee for diversity, inclusion, and equal opportunity, the office
of diversity management, and the state workforce diversity and inclu-
sion council to ensure diversity and inclusion at certain state enti-
ties and combat harassment and discrimination in the workplace
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new article
2 11-C to read as follows:
3 ARTICLE XI-C
4 DIVERSITY, INCLUSION, AND EQUAL OPPORTUNITY
5 Section 179. Definitions.
6 179-a. Committee for diversity, inclusion, and equal opportu-
7 nity.
8 179-b. Office of diversity management.
9 179-c. Comprehensive state diversity and inclusion planning.
10 179-d. The state workforce diversity and inclusion council.
11 179-e. Combating harassment and discrimination in state agen-
12 cies.
13 § 179. Definitions. As used in this article:
14 (a) "Committee" shall mean the committee for diversity, inclusion, and
15 equal opportunity established by this article.
16 (b) "Office" shall mean the office of diversity management established
17 by this article.
18 (c) "Protected class discrimination" shall mean employment-related
19 discrimination that is unlawful pursuant to federal laws, rules or regu-
20 lations and/or state laws, rules or regulations, including but not
21 limited to, Title VII of the Federal Civil Rights Act, the Americans
22 with Disabilities Act, and article fifteen of the executive law.
23 (d) "State entities" shall mean: (i) any state department, board,
24 bureau, commission, division, office, council or agency over which the
25 governor has executive authority; and (ii) any public benefit corpo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15289-01-6
A. 11095 2
1 ration, public authority and commission, for which the governor appoints
2 the chair, chief executive, or the majority of board members, except for
3 the port authority of New York and New Jersey.
4 (e) "State officer or employee" shall have the same meaning as set
5 forth in section seventy-three of the public officers law.
6 (f) "Workforce council" shall mean the state workforce diversity and
7 inclusion council established by this article.
8 § 179-a. Committee for diversity, inclusion, and equal opportunity.
9 (a) The committee for diversity, inclusion, and equal opportunity is
10 hereby established and its membership shall consist of: the chief diver-
11 sity officer, who shall serve as the chairperson, the president who
12 shall serve as vice-chairperson, the director of budget, the commission-
13 er of the division of human rights, the commissioner of labor, the
14 secretary of state, the director of employee relations, the commissioner
15 of veterans' services, and the commissioner of the office for people
16 with developmental disabilities. Membership of the committee may be
17 amended by the chairperson and vice-chairperson, with the agreement of
18 the current members of the committee. The vice-chairperson shall perform
19 the duties of the chairperson in the chairperson's absence and at such
20 times as the chairperson may direct.
21 (b) The committee shall advise the governor, the chief diversity offi-
22 cer, the president, and the office in the formulation and coordination
23 of plans, policies, and programs relating to diversity and inclusion in
24 state entities and in assuring effective implementation of such poli-
25 cies, plans, and programs by such entities.
26 (c) The members of the committee shall be paid the necessary expenses
27 incurred in the discharge of their duties.
28 § 179-b. Office of diversity management. (a) The office of diversity
29 management is hereby established within the department.
30 (b) The heads of the office shall be the chief diversity officer and
31 the president.
32 (c) State entities and officers and employees thereof shall cooperate
33 with the office and render such assistance to the office as it may
34 request in connection with this article.
35 (d) Necessary staff may be transferred to the office from any state
36 entity.
37 § 179-c. Comprehensive state diversity and inclusion planning. (a) The
38 office shall:
39 (i) prepare comprehensive statewide objectives for the employment of
40 minorities, women, lesbian, gay, bisexual, and transgender individuals,
41 disabled persons, and veterans, and guidelines for state entities to
42 prepare diversity and inclusion plans, including policies, objectives
43 and implementation strategies. Such objectives and guidelines shall be
44 developed with the advice of the committee and shall be updated as
45 necessary.
46 (ii) be responsible for monitoring the implementation of diversity and
47 inclusion plans of state entities on a continuing basis, including the
48 need for revising or amending such plans and shall provide annual
49 reports on progress to the governor, incorporating recommendations for
50 improving and strengthening such efforts.
51 (iii) upon a finding by the office of substantial noncompliance by a
52 state entity with the requirements or terms of this article, notify such
53 entity of such finding and propose a remedial plan of action. The entity
54 shall, within thirty days of the receipt of such notice, accept such
55 remedial plan or submit an alternative remedial plan acceptable to the
56 office. The office may work directly with the entity to develop and
A. 11095 3
1 implement the remedial plan until the office is satisfied that the enti-
2 ty will implement the plan in compliance with the provisions of this
3 article.
4 (iv) prepare annually a report to the governor of the composition of
5 the work force of each state entity by sex and ethnic identity for all
6 job categories, salary grades, and civil service classifications. The
7 office shall also conduct studies to identify and resolve the under-re-
8 presentation and under-utilization of minorities, women, lesbian, gay,
9 bisexual, and transgender individuals, disabled persons, and veterans,
10 and shall include in such report the findings of such studies and any
11 recommendations concerning the adoption or amendment of other laws,
12 rules and regulations for the same purpose.
13 (b) State entities shall:
14 (i) develop a written diversity and inclusion plan consistent with the
15 guidelines developed by the office under this article.
16 (ii) have an employee designated as the entity's diversity and inclu-
17 sion officer and report such designation to the office. Such diversity
18 and inclusion officer shall report to the entity head and shall have
19 such support staff as may be appropriate to accomplish their duties.
20 (iii) annually submit a report on diversity and inclusion to the
21 office. Such reports shall be submitted in a format and pursuant to
22 standards issued by the office, and shall include a report on the enti-
23 ty's employment actions with respect to minorities, women, lesbian, gay,
24 bisexual, and transgender individuals, disabled persons, and veterans,
25 and shall identify the entity's achievements, deficiencies, proposed
26 solutions to problems, the need for external assistance, and such other
27 matters as may be appropriate or requested.
28 § 179-d. The state workforce diversity and inclusion council. (a)
29 There is hereby established the state workforce diversity and inclusion
30 council. The workforce council shall consist of the diversity and inclu-
31 sion officers of each state entity. The workforce council shall conduct
32 business pursuant to by-laws adopted by its members which shall be
33 subject to the approval of the chief diversity officer and the presi-
34 dent.
35 (b) The workforce council shall advise the committee and the office on
36 all existing and proposed policies, procedures, practices and programs
37 relating to or affecting affirmative action.
38 (c) The workforce council shall submit reports of its activities to
39 the committee or the office upon request consistent with such request.
40 § 179-e. Combating harassment and discrimination in state agencies. In
41 order to promote the effective, complete and timely investigation of
42 complaints of employment-related protected class discrimination, the
43 office of employee relations shall be responsible for conducting all
44 investigations into employment-related discrimination complaints filed
45 by employees, contractors, interns or other persons engaged in employ-
46 ment at state entities. State entities shall transfer such investigation
47 functions to the office of employee relations and continue to permit
48 such employees as are assigned by the office of employee relations to
49 investigate complaints of protected class discrimination within such
50 entity and shall cooperate fully with any and all investigations.
51 § 2. This act shall take effect immediately.
